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Tag: Abubakar Malami (SAN)

  • AGF to Saraki, others: Offer your explanation to court

    AGF to Saraki, others: Offer your explanation to court

    The Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) has responded to claim by the Senate President, Bukola Saraki, and others that the charge of forgery against them amounted to an abuse of the principle of separation of powers

    The AGF, who justified his decision to initiate criminal proceedings against Saraki and three others over the allegation that they were involved in the forgery of the Senate Order 2011, urged the defendants to take their argument before the court.

    Malami, in a statement issued late Thursday by his media aide, Salihu Isah, said he was withing his constitutional powers to initiate criminal proceedings against anybody where any of  the investigating agencies has established a prima facie case against such suspect.

    The AGF, who faulted the arguments by Saraki and others named in the charge before the High Court of the Federal Capital Territory (FCT), urged them to go before the court and explain their roles in the forgery case rather than accusing him of violating the Legislative arm.

    “It is not in doubt that each arm of government is constitutionally vested with distinct powers. Looking critically at the doctrine of the separation of powers, it is a practice that exist on a tripod viz, the executive, legislature and judiciary with clearly distinctive functions and responsibilities as captured under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

    “So, by virtue of this, we are committed to the rule of law and will thus keep to the tenets of the rule of law as enshrined in a constitutional democracy like ours.

    “The Office of the Attorney General of the Federation is empowered under Section 174 (1) of the Constitution and vested with the power to undertake and initiate criminal proceedings in any court of law in Nigeria.

    “By virtue of this power as the Chief Law Officer of the nation, he has simply initiated criminal proceedings for forgery against the affected principal officers in the Senate for altering the Senate Standing Rules in the Federal High Court.

    “It is worthy to note here that the action of the Attorney General of the Federation can stand the test of any law since he did not act on a vacuum.

    “He acted based on a recommendation by the Inspector General of Police (IGP) who having fully satisfied investigative procedure arising from the petition sent to the Nigerian Police by some aggrieved members of the Red Chambers of the National Assembly alleging that the affected officers altered the rules of the Senate for Dr. Bukola Saraki and Ike Ekweremadu to emerge leaders of the Eighth Senate of the National Assembly.

    “Under the 1999 Constitution, only the Attorney General of the Federation has the powers to institute criminal proceedings.

    “For the benefit of doubt, as stated above, there was a petition bordering on allegations of forgery against the defendants, the petition was investigated by the police and the police recommended the case for prosecution.

    “At this point, the question is how initiation of criminal proceedings against Dr Bukola Saraki, Ike Ekweremadu, Salisu Maikasuwa and Bernard Efeturi violated the principle of separation of powers as contained in the Constitution? “The action of the Attorney General of the Federation cannot obviously be said to be a coup against the National Assembly as the Senate has claimed.

    “By preferring the charge, the accused persons are entitled to fair hearing under the law while the prosecution is obligated to prove its case against them beyond reasonable doubts. “Therefore, the Attorney General of the Federation has not violated any known law in the land. Or is the Senate suggesting that its principal officers, members and staff of the National Assembly are above the law or enjoys same immunity as do the nation’s President and Governors?

    “It is common knowledge over the years since the nation embraced democratic system of governance and backed by the current Constitution those elected officers of government who are exempted from legal encumbrances whether it is civil or criminal are known to all.

    “It is pertinent to be reminded too, that forgery of the Senate Standing Rules cannot be described as the internal business of the National Assembly that is exclusively only in its purview. “The Attorney General of the Federation cannot therefore be faulted for his decision to initiate legal actions against the accused for alleged forgery after a thorough police investigation of the issue whether there was an amendment of the Senate Standing Rules in 2015 or not.

    “The case of Adesanya vs Senate which has been seriously touted in its press statement does not support them and they should rather take their plea and defend the action accordingly.

    “We assure Nigerians that the Attorney General of the Federation will continue to be committed to the rule of law at all times.

    “On this particular forgery case, we believe he should rather be commended for his foresight and political will to carry out his constitutional role to the letter and not to be vilified under any guise.”

  • FG promises to address causes of insurgency, militancy

    FG promises to address causes of insurgency, militancy

    Federal government Tuesday said it was working unearth the root causes of insurgency and agitation in parts of the country with a view to addressing them.

    The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) gave this assurance Tuesday  while addressing aggrieved lawyers, who were in his office to protest what they termed the menace of Boko Haram.

    Malami said the Fed Government was considering constituting a judicial commission of inquiry to investigate how insurgency found its way into the country.

    About 100 lawyers under the umbrella body of Lawyers United for Equality and Human Rights Advocacy (LUEHRA) protested to the office of the AGF to demand the investigation and prosecution of person found to have been sponsoring insurgency in the country.

    Malami was represented by the Director in charge of General Services in the Ministry, Mrs. Lola Uket. She assured the protesting lawyers that the minister will act on their demands.

    “You have made your demands and I am sure the minister will act and act very fast to meet your demands. All will be addressed. I believe you gave a time frame in your demand and I am sure they will all be met.

    “Your demands have not been met before now not because of negligence on the part of the minister but because of certain circumstances.

    “Let us be patient with them because they are also learned men like you. Let us give them the benefit of the doubt that something will be done,”she said‎.

    The lawyers in their position paper asked the minister to ensure the investigation and prosecution of sponsors of the Islamic Terrorist group, Boko Haram and ensure their prosecution at the International Criminal Court (ICC).

    In the paper, addressed to the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, a senior advocate, the lawyers asked the FG to avoid the grave mistake of government in the past that led to the intermittent resurrection of Niger Delta militancy.

    The group’s leader, Samson Esekhaigbe and Publicity Secretary, Nnena Okereke said recent frightening developments in the country were capable of causing serious political upheavals.

    Esekhaigbe said the developments were pointers to the fact that the top politicians in Borno State who created Boko Haram are still in touch with their “foot soldiers”.

    “We are afraid that the senseless killings by this animalistic bunch will not stop unless their sponsors are identified, tried in our local courts or dragged to the International Criminal Court at The Hague and accordingly imprisoned for facilitating heinous crimes against humanity. This is the only way that enduring peace would return to the North and Nigeria in general.

    “A situation whereby no less than 10,000 persons have been killed in various brutal activities spearheaded by the group is alarming”.

    The lawyers said it is their duty as a group of refined legal minds to fight and preserve Nigeria- the country that gave every Nigerian a home and heritage.

    The group condoled with those who lost their loved ones to insurgencies and insisted that the time to end Boko Haram is now otherwise the innocent blood spilt over the years will hunt us.

    The group is an umbrella body of pro-democracy, concerned and patriotic Nigerian lawyers committed to true democratic principles bringing to cognizance equity, fairness and respect for human rights and the rule of law in line with the change mantra of the present administration.

  • Fed Govt sets up presidential committee on loans recovery

    Fed Govt sets up presidential committee on loans recovery

    The Federal Government has set up an inter-agency committee on the recovery of loans granted to commercial banks and corporate organisations by Asset Management Corporation of Nigeria (AMCON).

    The committee headed by the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) is to coordinate the recovery of loans owed to AMCON.

    In a statement issued yesterday by the media aide to the AGF, Sailhu Othman Isah, the Minister said AMCON was established to prevent the collapse of the banking sector following the banking crisis which resulted in the Bank Consolidation Reforms in 2008.

    The AGF said the situation led to huge indebtedness for banks which culminated in the eventual purchase of the toxic loans by AMCON so as to stabilise the banking sector, and by extension the Nigerian economy.

    Malami said the debtors, who cut across the aviation, banking and the oil and gas sectors failed to repay the loans, while some of them resorted to court actions all in their bid to frustrate the loan recovery efforts of AMCON.

    Malami stated that in some cases, this was with active conspiracy of some financial institutions among others.

    The AGF argued that the failure of debtors to repay what they owed informed President Muhammadu Buhari’s approval and directive for the establishment of an inter-agency committee to effectively pursue the loan recovery.

    Among the terms of reference of the Committee are to ascertain the status of AMCON recoveries in terms of achievement from inception to date as well as the total outstanding namely value of assets; and to ascertain how government at various levels can be made to honour their debt obligations to the Corporation.

    It is also to request and obtain information from any person or persons and/or entity or entities onshore and offshore with the full support and weight of the Federal Government and its agencies towards the pursuit and realisation of the Committee’s mandate; as well as to assist in third party investigation outside AMCON office relating to obligors and identify the criminal nature of commercial transactions that would assist in pursuing criminal prosecutions.

    In addition, the Committee will ascertain how government agencies can collaborate to support AMCON’s recovery effort in; ensuring payments due to obligors are made to AMCON, the possibility of going into a joint venture agreement with AMCON, the acquisition of forfeited assets from AMCON and take-over of recalcitrant businesses/companies where feasible.

    It is also expected to establish the working framework for the Committee such that AMCON would have direct contact with the agencies for assistance and report to the Committee on achievement and challenges as well as design and come up with workable strategies to pursue aggressive recovery of the AMCON loans.

  • FG plans massive review of electoral laws

    FG plans massive review of electoral laws

    The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) said on Tuesday that the Federal Government will soon unveil plans for a major reform of the nation’s electoral laws.
    The AGF said this yesterday in Abuja while speaking at a stakeholders forum organised by the Nigeria Civil Society Situation Room, led by the Policy and Legal Advocacy Centre (PLAC).
     “This administration intends to carry out a comprehensive legal reform to address the challenges posed by some of our outdated electoral laws. My top priority as Attorney General of the Federation is to lay a solid foundation for a sustainable reform of the judicial sector where rule of law takes pre-eminence over and above rule of man.
    “We have also identified as top priority, the amendment of the Electoral Act and other laws in order to empower INEC and other similar bodies to deal with perpetrators of serious offences. We cannot rule out the possibility of the imposition of sanctions to restrain those found guilty of electoral violence from participating in the electoral process,” Malami said.
    Malami noted that the establishment of Electoral Mobile Court is equally a major electoral reform being considered by the President Buhari government, stressing that some of the gaps in the electoral laws have manifested in the recent decisions of the Supreme Court on some of the election petitions.
    “Also of concern to this administration are the increasing levels of electoral violence as seen in some of the recent held elections. It is my expectation that this stakeholders’ forum will come up with suggestions and proffer solutions to several of the challenges posed to the achievement of credible elections in Nigeria.
    “I have begun consultations with the leadership of the National Assembly and the judiciary to identify key laws and priority areas for reform. “Our priority areas will be clearly outlined in our justice sector reform that we will propose to the National Assembly and align it with their agenda in order to achieve reform within the tenure of this administration and in record time.
    “Taking from the gains of the 2015 general election, it will be important for us as a country to entrench a culture of democratic values that will strengthen our nation,” Malami said.
    He insisted that elections in the country must be conducted in a transparent and democratic manner as to be a source of inspiration to the African continent and show us as worthy example to be emulated by all.
    In this regard, it is our plan to ensure that our elections are competitive, inclusive, free and fair, for all to see”, adding that; “a democracy thrives and endures when the laws guiding the conduct of elections are well known and the citizenry are well informed of it.”
    Malami disclosed that the governing party as well as opposition parties must enjoy a level playing ground, so that competitive elections can be organised and all parties and candidates enjoy all of the democratic rights and freedoms contained in the Constitution of the Federal Republic of Nigeria, 1999 (as amended) including the rights of freedom of speech, assembly, and movement.
    He explained that the nation’s democracy can only work and deliver accountable government, where elected officials see themselves as servants of the people who must subject themselves to credible periodic elections.
    In her opening remark, Chairman, House of Representatives Committee on Electoral Matters, Hajiya Aisha Dukku recalled that even though Nigeria conducted one of the most successful and credible polls in 2015, which represented a milestone; there is still room for a lot of improvements in the nation’s electoral process.
    She explained that this will ensure that the gains made in previous elections are consolidated, hinting that, “just before the elections, several amendments aimed at improving the legal framework were proposed, but the National Assembly could not complete the amendments process before the elections were conducted.”
    “The bills seeking to amend the Constitution and the Electoral Act were passed and forwarded to the President for assent only few days before the elections. It was also unfortunate that the country waited until the last months of the 7th Assembly to pass these amendments” she regretted.
    Also speaking, Chairman of the Independent National Electoral Commission (INEC), Professor Mahmoud Yakubu revealed that as at the last count, his Commission has conducted about 50 elections after the 2015 general polls, saying that sixty more elections would be held this weekend.
    He said sixty-eight of the elections will be held in the Federal Capital Territory (FCT) Area Council polls, while one State House of Assembly seat will be contested for in Osun state due to the death of its former occupant.
    The INEC boss commended the Situation Room for hosting over sixty civil society groups sharing ideas and experiences on election matters and proffering solutions.